Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-04-11
LEGISLATION
Bills Passed by the Twentieth Legis-
Iature Of the State of Texas at
the Regular Session, 1887.
UNLAWFULLY SELLING INTOXI-
eating LIQUORS.

ture OF the state OF Texas: That article
378 Of the Revised Penal Code De amend
ed so as to hereafter read as follows, and
that title II, chapter 6, be amended by
adding thereto articles 37Sa, 378b, 378c,
378d and 37Se, which shall read as fol-
lows:
Art. 378. II any person shall sell any
Intoxicating liquor in any county, Justices
precinct, city or town In which the sale of
intoxicating liquor has been prohibited
under the laws of this state, or if any per
son shall give away any Intoxicating
liquor in any such county, justices pre-
Cinct, city or town with the purpose of
evading the provisions of said law, he
shall be punished by fine of not less than
$50 nor more than 500, and by impris-
onment in the county jail for not less
than twenty nor more than sixty days.
Art. 378a. The preceding article shall
not apply to the sale Of wines for sacra-
mental purposes, nor to alcoholic stimu-
lants as medicines in cases of actual
sickness, but such stimulants shall Only
be sold upon the prescription of a regular
practiCing physician, dated and signed by
him, and Certified on his honor that he
(the physician has personally examined
the applicant (neming him) and that he
finds him actually sick and in need of the
stimulant prescribed as a medicine.
Provided, that physician who does not
follow the profession of medicine as his
principal aud usual calling, or who
is in any way directly or indirectly en-
gagged in the sale of such stimulants, on
his own account, or as the agent, en-
ploye, or partner of others, shall not be
authorized to give the prescription pro-
vided for in this article: And provided
further, that no person shall be permitted
to sell more than once on the same per-
sCriptlOn or upon a prescription
which has been cancelled, nor
on a prescription which is not dated,
signed and certified as above required:
Provided, that every person selling such
stimuIants upon the prescription herein
provided for, shall cancel such prescrip-
ton by endorsing thereon the word
cancelled" and file the same away.
Article 376b 1t shall be the duty of any
person who sells any intoxicating liquors
upon the prescription provided for in
Article $3.50, to write across the face of
the prescription, with ink, the word
"cancelled," and for any failure to do so
he shall be punished by fine of not less
than S25 nor more than $780, and if any
person shall sell any Intoxicating liquor
upon the prescription provided for in
Article 378G, and shall permit the same to
be drank at the place or establishment
where sold. or at any other place provided
for that purpose by such person, he shall
be punished by fine Of not less than $25
nor more than 500.
Article 376c. If any person who is not
a regular practicing physician shall give q
prescription to De used in obtaining any
Intoxicating liquor in any county, JUS
tees precinct, city or town in which the
sale of intoxicating liquors has been pro-
hibited under the laws of this state; or
if any practicrng physician who is di-
reCtly or indirectly, either for himself or
as the agent or employe of another, inter
ested in the sale of Intoxicating liquor,
shall give prescription to be used in OBJ
tanning any Intoxicating liquor in any
county, Justices precinct, city or town;
or if any physician shall give prescrip
ton to be used in obtaining any intoxi-
eating liquor in any such county, Justices
precinct, city or town, to any one who is
not actually sick, and without personal
examination of such person, he shall be
punished by q fine of not less than S25
nor more than 500, and by imprison-
ment in the county jail not less than
twenty nor more than sixty days.
Article 378d. II any person shall keep
or run, or shall be in any manner inter
ested in keeping or running, g blind
tiger in any county, justice precinct, city
or town in which the sale of Intoxicating
liquor has been prohibited under the laws
OF this state, shall be punished by con-
tiuement in the county Jail pOt less than
two nor more than twelve months, and
By fac of not less than 800 nor more
than $500. Each and every day such
blind tiger is run or kept shall be a Sepa-
rate offense. A "blind tiger" within the
meaning of this article, is any place in
which Intoxicating liquors are sold by
any device whereby the party selling or
delivering the same is concealed from the
person buying, or to whom the same is
delivered. Upon complaint being filed
with any justice of the peace, de-
scribing the place where any "blind
tiger" is kept or run, such justice
shall issue his warrant directed, and COM
handing the sheriff or any constable of
his county to search such place, and if
the law is being violated to arrest the
persons so violating it; and it shall be
the duty of the officer to whom such war
rant is delivered to search the place de-
scribed in the warrant, and to arrest and
bring before the justice who issued the
writ all persons found by him therein;
and if admission into said place is re-
fused, the officer executing said warrant
is hereby authorized to force open the
same. In prosecutions under this arti-
Gle, when it is proven that there is post
ed up at the place where such blind tiger
is kept or run, United States internal
revenue liquor or malt license, to any
one it shall be prima facie proof that the
person to whom such license is issued is
keeping and running such blind tiger.
Article 378e. When the sale of intoXi-
eating liquor HIS been prohibited in any
county, justice precinct, city or town, the
repeal of such prohibition shall not eX-
empt from punishment any person who
may have offended against any of the
provisions of the law while it was in
force, and the fact that person
purchases Intoxicating liquor from any
one who sells it in violation of the pro-
visions Of this chapter shall not consti-
tute such person an accomplice.
& ! ,.E